Judgment Search Results Home > Cases Phrase: bombay children act 1948 maharashtra section 51 penalty for giving intoxicating liquor or dangerous drug to child Page 1 of about 45 results (0.151 seconds)

Shri Sarjerao Bhaurao Ekal Vs. Shri S.K. Pant Walawalkar, Vice Preside ...

Court : Mumbai

Reported in : 2008(2)ALLMR632; 2008(3)BomCR169; [2008(117)FLR233]; 2008(3)MhLj202

..... section 25 of the bombay children act, 1948 states that the state government may establish and maintain industrial schools and other educational institutions for the reception of children and youthful offenders during the period of their ..... institutions under the bombay childrens act, 1948, juvenile justice act, 1986 and/or the juvenile justice act, 2000. ..... regard he referred to section 9 of the juvenile justice act, 1986 and section 25 and 26 of the bombay juvenile act, 1948 as well as section 9 of the juvenile justice (care and protection of children) act, 2000.5. ..... an overall control of the government of maharashtra on the said activity in view of the statutory provisions in bombay childrens act, 1948 and/or the juvenile justice act.6. ..... 4513 of 1991, unreported) and submitted that the charity trust registered under the bombay public trust act, 1950 is an 'industry' under section 2(j) of the act, by following the law laid down in the case of bangalore water supply & sewerage ..... the learned counsel the labour court was right in holding that the respondent association is an 'industry' as defined under section 2(j) of the act and the said finding is duly supported by the subsequent decision of this court in the case of smt.j.g. ..... the association in its affidavit in reply has admitted that it was registered under the provisions of the bombay public trust act, 1950 and it is managed by the trustees consisting of some government officials such as district collector, superintendent of police .....

Indian Hotel and Restaurants Association (AHAR), an Association duly r ...

Court : Mumbai

Reported in : 2006(3)BomCR705

..... public entertainment: means a lodging-house, boarding and lodging house or residential hotel, and includes any eating house in which any kind of liquor or intoxicating drug is supplied (such as a tavern, a wine shop, a beer shop or a spirit, arrack, toddy, ganja, bhang or opium shop) to the public for consumption in or near such place.section 2(9) 'place of public amusement' means any place where music, singing, dancing, or any diversion or game, or the means ..... . it is submitted that the right to trade in liquor may not be a fundamental right, but in so far as the state of maharashtra is concerned, a law having been enacted for carrying on trade in liquor by licensees holding valid licences issued under the bombay prohibition act, 1949 read with the bombay foreign liquor rules, 1953, the petitioners' members, who are the holders of such licences, have a statutory ..... absence of exceptional situations such as the prevalence of a state of emergency, national or local, or the necessity to maintain necessary supplies or the necessity to stop activities inherently dangerous, the existence of a machinery to satisfy the administrative authority that a case for imposing restriction is made out or a less drastic restriction may ensure the object intended to be achieved.in considering whether the restriction imposed are reasonable and in the interest of ..... the instant case in so far as children are concerned, if the report of prayas is considered (which gives figures on the higher side) ..... child .....

In Re: AlaIn Esteve

Court : Mumbai

Reported in : 1990(3)BomCR665; 1991CriLJ445

..... on 1st august, 1990 this hon'ble court issued a notice to the learned advocate-general of maharashtra seeking his assistance to determine the question as to whether the bombay children act, 1948 has stood repealed on coming into force of the juvenile justice act, 1986. ..... the bombay children act is a corresponding law within the meaning of the expression 'corresponding law' used in section 63 of the juvenile justice act, 1986.12. ..... apart from the above reference appearing in the statement of objects and reasons and the recommendations made by the hon'ble supreme court in sheela barse's case quoted above, i would examine the question of applicability of section 63 of the above act on its own merits and determine the question as to whether the bombay children act, 1948 is a corresponding law or not.6. ..... part iv of the bombay children act provides for officers, including child welfare officers. ..... of october, 1987 the date of birthday of mahatma gandhi, the father of the nation, as the date on which all the provisions of the said act would come into force in all the states except the state of jammu and kashmir section 63 of the said act provided that if immediately before the date on which the above referred central act comes into force in any state there was in force in that state any law corresponding to this central .....

State of Maharashtra Vs. Rajendra Jawanmal Gandhi

Court : Supreme Court of India

Reported in : 1997(2)ALD(Cri)490; 1997(45)BLJR1644; JT1997(8)SC43; 1997(6)SCALE80; (1997)8SCC386

..... gandhi (the accused) was convicted by the sessions judge, satara for offences under section 376 indian penal code (ipc) and section 57 of the bombay children act, 1948 for having committed rape on a girl of eight years of age and sentenced to undergo rigorous imprisonment for 7 years and to pay fine of rs. ..... her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent. ..... 1992]2scr921 the trial court acquitted the respondent for an offence under section 376 ipc for having committed rape on a girl child of 8 years of age. ..... granted permission to file special leave petition against the conviction and sentence on the accused by the high court and as afore mentioned, after notice of this appeal was served upon the state of maharashtra and the accused, both filed separate appeals in this court. ..... and for his punishment under section 376(f) as the girl child was less than 12 years of age, leave granted ..... having regard to the seriousness and gravity of the repugnant crime of rape perpetrated on a girl child of 8 years of age sentenced the respondent to rigorous imprisonment for a period of seven years and to pay a fine of rs. ..... out of the fine amount if realised be paid over as compensation to father of the child who was petitioner in the criminal revision. .....

Girnar Traders Vs. State of Maharashtra and ors.

Court : Supreme Court of India

Reported in : AIR2007SC3180; 2007(4)AWC3851(SC); 2008(1)BomCR454; 2007(10)SCALE391; (2007)7SCC555; 2007AIRSCW5782

..... of determining the market value of land in respect of which proceedings for acquisition commenced before the commencement of the maharashtra regional and town planning (second amendment) act, 1972:provided further that, for the purpose of clause (ii) of this sub-section, the market value in respect of land included in any undeveloped area notified under sub-section (1) of section 40 prior to the commencement of the maharashtra regional and town planning (second amendment) act, 1972, shall be the market value prevailing on the date of such ..... of maharashtra, mantralaya, mumbai-400032sub: acquisition of land bearing c.s.no.18738 of malabar hill division reserved for children park.ref: i) tpb-4302/572/ud-11 dtd.27.3.02ii) che/acq/c/962 dtd. ..... on 2.8.1993, the municipal commissioner, greater bombay wrote to the special land acquisition officer stating that the bombay municipal corporation has decided to give priority for acquiring the property in question. ..... 956 of 16.9.2002 (copy enclosed) have accorded sanction to initiate the acquisition proceedings for the above mentioned land reserved for children s park adm. ..... the land of the appellant was notified for development as open space and children's park. ..... the property in question was notified for development as open space and children's park. .....

Sau. Shailaja Rajendra Badwaik and Others Vs. Hon'ble Minister, Depart ...

Court : Mumbai Nagpur

..... petitioners, made the following submissions: (i) the government exercised the powers under section 138 of the bombay prohibition act which is a revisional power and perusal of the impugned order itself shows that the revisional authority was fully aware about strong opposition by the petitioners and the residents of the area so also the elected representatives for opening any bar in a purely residential area developed by the vidarbha housing board and which is now vidarbha ..... the decision that law and order situation with reference to the proposal to grant liquor licence means only about communal riots and such similar sensitive aspects; and that the report of the police about the safety, security, health, fundamental right to life under article 21, peace, security for children, women and girls is irrelevant, is destructive of rule of law. ..... of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the state shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injuries to health. ..... (iv) copy be sent to chief secretary, government of maharashtra, mantralaya, mumbai, for information and necessary action. ..... thus, while giving reasons, the revisional authority has stated about these persons who have objections. .....

The State of Maharashtra Vs. Narendra Jaywant Dudang

Court : Mumbai

Reported in : 2002BomCR(Cri)140

..... . and under section 57 of the bombay children act but, we find him guilty for the offence punishable under section 376 r/w 511 of the i.p.c ..... 153 of 1983 acquitting the respondent for offence punishable under section 376 of the indian penal code and section 57 of the bombay children act.2. ..... in the alternative under section 57 of the bombay children act.he pleaded not guilty to the charges and claimed to be tried.during trial, in all the prosecution examined 10 witnesses. ..... we may mention that since vijaya pednekar and sudhir are mother and brother of sangita respectively, we have evaluated their evidence like that of sangita who was a victim and a child witness with caution but, inspite of that we find the evidence of all three of them to be credible.19. ..... shringarpure, additional public prosecutor for the state of maharashtra (appellant] and mr. a. g. ..... had failed to bring home the guilt of the respondent beyond reasonable doubt and hence, acquitted him vide the impugned judgment.as mentioned in para 1, above, the acquittal of the respondent has prompted the state of maharashtra to prefer the present appeal.11. ..... the state of maharashtra impugns the judgment and order dated 20/8/ 1985 passed by the additional sessions judge. .....

R.D. Upadhyay Vs. State of A.P. and ors.

Court : Supreme Court of India

Reported in : AIR2006SC1946; 2006(1)ALD(Cri)777; 2006(3)ALD42(SC); JT2006(5)SC18; 2006(II)OLR(SC)1; 2006(4)SCALE336

..... on leaving the jail, children are handed over to the nearest relative, in whose absence to the officer- in-charge of the nearest government remand home, or institution set up for the care of the destitute children under the bombay children act, 1948.in manipur, provision is made for special ration above and beyond the normal labouring ration for nursing mother and for supplementary cow's milk for children under the age of one year not receiving sufficient milk from the mother ..... separate utensils of suitable size and material should also be provided to each mother-prisoner for giving food to her child. ..... article 46 provides that the state shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the scheduled castes and the scheduled tribes, and shall protect them from social injustice and all forms of ..... of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the state shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.3. ..... for children who are leaving the jail, in consultation with the district magistrate the children are handed over to the relatives or to some trustworthy person as selected by the district magistrate himself.in maharashtra, children are allowed to live with their mothers up to the age of 4 .....

State of Maharashtra Vs. Gopinath Tanaji Jadhav

Court : Mumbai

Reported in : 2001ALLMR(Cri)264; 2001(5)BomCR557; 2001CriLJ1277

..... also convicted the accused for offence punishable under section 57 of the bombay children act, 1948 and sentenced him to ..... be framed against the accused under sections 366 and 376 of indian penal code and under section 57 of the bombay children act. ..... the defence of the accused, as revealed from the cross-examination of the prosecution witnesses, so also from the statement of the accused recorded under section 313 of the code of criminal procedure, 1973 is that nanda, of her own accord came to the place of gopinath on the day of the incident and that it was not gopinath came to her place and ..... is filed by the state of maharashtra being aggrieved by the order of acquittal of the said accused gopinath tanaji jadav vide the impugned judgment and order for offence punishable under section 366 of i.p.c.3. ..... 719 of 1985 is filed by the appellant/state of maharashtra for enhancement of sentence of the respondent/original accused gopinath tanaji jadhav, who was convicted for offence punishable under section 376 of indian penal code but was awarded only one ..... 7 years ought to have been awarded is not correct in as much as sections 375 and 376 were amended by criminal law amendment act, 1983 (43 of 1983) and the incident is of the year 1981. ..... since the prosecution has failed to prove that any threats were given by the accused to nanda for having sexual intercourse with him, the trial judge was of the opinion that ends of justice would be met if a sentence of ..... and her small child were there at .....

Shri Kashinath Laxman Waghmare, Vs. Shri Ganpat Tukaram Kashmire (Dece ...

Court : Mumbai

Reported in : 2003(2)ALLMR233; 2003(4)BomCR431; 2003(3)MhLj229

..... the present proceedings were initiated by the respondents under section 70(b) of the bombay tenancy and agricultural lands act, 1948, hereinafter referred to as 'the bombay tenancy act', for a declaration that they were the tenants of the land in question. ..... the findings of the maharashtra revenue tribunal are based mainly on the fact that the document dated 19th july, 1958 which was held to be invalid being in contravention of section 27 of the bombay tenancy act, can nonetheless be construed to be a will in favour of mhalsabai and therefore capable of creating a tenancy in her name. ..... the sub-divisional officer also negatived the claim of the respondents to tenancy under section 40 of the bombay tenancy act since according to the sub-divisional officer there was no definite act on the part of the applicants to show that they were willing to continue their tenancy under the provisions of law. ..... this court observed that mhalsabai ought to have filed a proceeding under section 70 of the bombay tenancy act instead of approaching the civil court and directed the petitioners herein to get decided their claim regarding tenancy before the appropriate authority.3. ..... this petition is by persons claiming to be the heirs of the deceased tenant one maniram waghmare challenging the order of the maharashtra revenue tribunal by which that tribunal has declared the respondents to be the tenant of the land in question. ..... the children of maniram from the lawfully wedded wife. .....